CAVC Case 92-1372: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 14, 1993 · FARLEY
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
AnxietyPsychiatricBackHipSkinArthritis
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Issues on Appeal
AnxietyPsychiatricBackHipSkinArthritis
Why It Was Decided This Way
Additionally in 1984, the RO denied reopening of appellant's claim for malnutrition based on no new and material evidence, and denied service connection in the first instance for nervous breakdown since there existed no evidence of a nervous condition during service and a November 9, 1983, VA examination found no mental disease.
On July 29, 1992, the BVA denied reopening of appellant's claims for service connection for malnutrition, avitaminosis, psychiatric disability, and residuals of shell fragment to the left foot with traumatic neuritis since new and material evidence had not been submitted with respect to those claims, and further denied service connection for traumatic arthritis, helminthiasis, and residuals of anemia as these conditions were not shown to have been incurred in or aggravated during service.
The exception to this rule states that "[i]f new and material evidence is presented or secured with respect to a claim 3 which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
Therefore, once a BVA decision becomes final under section 7104(b), absent new and material evidence presented or secured, the BVA cannot reopen or readjudicate the claim.
239, 244 (1993) (BVA reopening is unlawful when no new and material evidence has been submitted).
Whether evidence is new and material is a question of law this Court reviews de novo.
New and material evidence is not required, however, to reopen a claim of a former POW interned not less than thirty days for those diseases entitled to presumptive service connection when manifest to a degree of 10% or more anytime after active service.
Thereafter, the RO in 1984 determined that the evidence failed to show appellant had suffered from nervous breakdown to a compensable degree, based on the medical diagnosis rendered on a VA medical examination which found "no mental disease" on December 9, 1983, and found no new and material evidence on the malnutrition and avitaminosis claims.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not Service Connected|Not New Material
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